§2910-A. Subrogation; medical payments coverage

1.Policy requirements.
A casualty insurance policy subject to this chapter may not provide for subrogation
or priority over the insured of payment for any hospital, nursing, medical or surgical
services or of any expenses paid or reimbursed under the medical payments coverage
in the policy in the event the insured is entitled to receive payment or reimbursement
from any other person as a result of legal action or claim, except as provided in
this section.

The coverage may contain a provision that allows the payments if:

A. [2011, c. 509, §1 (RP).]

B. The provision requires the written approval of the insured; [2009, c. 222, §1 (NEW).]

C. The provision provides that the insurer’s subrogation right is subject to subtraction
to account for the pro rata share of the insured's attorney's fees incurred in obtaining
the recovery from another source; and [2009, c. 222, §1 (NEW).]

D. The provision is approved by the superintendent. [2009, c. 222, §1 (NEW).]

[
2011, c. 509, §1 (AMD)
.]

2.Dispute resolution.
In the event of a dispute as to the application of any such provision or the amount
available for payment to those claiming payment for services or reimbursement, that
dispute must be determined, if the action is pending, before the court in which it
is pending; or if no action is pending, by filing an action in any court for determination
of the dispute.

[
1997, c. 369, §2 (NEW)
.]

3.Exception.
Nothing in this section prevents an insurer from exercising its subrogation rights
directly against any person legally responsible for the insured's injury. In the
event that the insurer pursues its subrogation rights directly against such a person,
the insurer's subrogation right is not subject to any subtraction to account for attorney's
fees and the insurer is entitled to full recovery.